Oliver Barker-Vormawor, a lawyer and outspoken political critic, has expressed his concerns about the conduct of some judges in Ghana.
He lamented the apparent lack of subtlety in certain judicial decisions, suggesting that some judges seem inclined to favor a particular side in cases.
Barker-Vormawor acknowledged that, as human beings, biases are natural. However, he expressed concern over instances where such biases become glaringly obvious.
He emphasized that even when leaning toward a particular side, one would expect a degree of discretion and subtlety that preserves some ambiguity about their impartiality.
“I am listening to the Supreme Court proceedings and I must say that Edudzi Kudzo Tameklo has been excellent on his feet.
“While we may not share the same reasoning on the substance of the EC’s power to re-collate, I completely agree with him that the High Court judge took some many suspicious steps that it is hard to not feel that he was animated by biases”.
Oliver Barker-Vormawor
Barker-Vormawor further emphasized that the judiciary’s role as a neutral arbiter of justice is critical for maintaining public confidence in the legal system.
He warned that overt partiality not only undermines the credibility of the judiciary but also erodes trust in Ghana’s democratic institutions.
The lawyer also expressed deep concern, lamenting that some judges exhibit blatant bias in their rulings.
He noted that they often abandon standard practices and established procedures, making their partiality unmistakably clear.
This disregard for judicial norms, Vormawor argued, creates an atmosphere where the bias becomes almost tangible, undermining confidence in the fairness and integrity of the judicial process.
Barker-Vormawor Accuses Judge of Side-stepping Due Process
Furthermore, Oliver Barker-Vormawor criticized the actions of the High Court judge who presided over the election results re-collation case filed by the EC, alleging that the judge employed excessive and “artificial legal gymnastics” to deny the NDC a fair hearing.
He questioned the rationale behind such maneuvers, expressing concern over what he described as a deliberate effort to sidestep due process and fairness.
Barker-Vormawor argued that this approach undermines the judiciary’s role as an impartial arbiter and erodes public confidence in the legal system.
“If you know you will rule against them, why also deny a hearing? It’s really hard to defend this, to be honest!! Sometimes you can do the right thing wrongly! This was such a case. Certiorari must lie!”
Oliver Barker-Vormawor
NDC Counsel Accuses High Court Judge of Ignoring Evidence
Meanwhile, Edudzi Kudzo Tameklo, legal counsel for the NDC, accused the High Court judge of disregarding evidence submitted by the party.
This evidence pertained to the Electoral Commission’s re-collation case involving several constituencies after the recent parliamentary election.
Tameklo argued that despite repeated attempts to draw the judge’s attention to the evidence, all efforts proved futile.
He emphasized that this procedural lapse was central to his appeal to the Supreme Court during the hearing on December 27, 2024, where he urged the court to overturn the High Court’s decision.
“That’s the Unique thing… We (the NDC) filed ours on the 16th of December and this Mandamus application was filed on the 17th of December but he chose to hear the Mandamus that was filed on the 17th. It [Our application] was listed for hearing that same day and asked my Lord to consider my case first [and] he ignored it”.
Edudzi Kudzo Tameklo
The NDC’s legal counsel, Edudzi Kudzo Tameklo, further revealed that the presiding judge openly acknowledged in court that the NDC’s application was only received the night before the hearing of the election case.
He explained that despite the party’s request for their application to be considered prior to the ruling on the Mandamus application, the judge proceeded to deliver the ruling first.
According to him, it was only after this decision had been made that the judge agreed to hear the NDC’s case, a sequence of events Tameklo criticized as highly irregular and prejudicial to due process.
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